Freedom of Navigation and UNCLOS Framework
The United Nations Convention on the Law of the Sea (UNCLOS), adopted in 1982 and in force since 1994, establishes the international legal framework for maritime rights and duties. Article 87 of UNCLOS enshrines freedom of navigation on the high seas for all states, both coastal and landlocked. The Strait of Hormuz, though partially within the territorial waters of Iran and Oman, is classified as an international strait under UNCLOS Part III, guaranteeing "transit passage" rights that cannot be suspended.
- UNCLOS Article 101 defines piracy as illegal acts of violence, detention, or depredation on the high seas committed for private ends.
- Attacks on ships in straits used for international navigation by state actors are not technically "piracy" under UNCLOS but constitute violations of international humanitarian law and the SUA Convention (1988).
- The 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) fills the UNCLOS gap by criminalising attacks on ships in territorial waters.
- India ratified UNCLOS in 1995; it is among the countries that actively invoke freedom of navigation norms in multilateral forums.
● Tracked since March 11, 2026 · last seen April 18, 2026 · updates as the daily brief publishes
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